Injured witness -- Once presence of a person being gravely injured at the scene of occurrence is not doubtful then his evidence assumes great importance and unless there are strong grounds, the same cannot be rejected on the basis of some minor discrepancies...........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Strong motive to commit murder - No motive for PW1 to implicate the accused in false case - PW1 gravely injured in the occurrence - Her presence at the scene of occurrence beyond doubt - FIR lodged promptly by sole eye witness - Non examination of witnesses who came to the spot after assault not fatal to prosecution..........
Alibi -- When the presence of accused at the scene of occurrence is established satisfactorily by the prosecution through reliable evidence, normally the court would be slow to believe any counter evidence to the effect that he was elsewhere when the occurrence happened...........
Witness -- Ghastly incident of attack - Instead of reporting the matter to police witness fled away from the scene of occurrence - Held, response, behavioural patterns of individuals in such a situation differs from person to person and it cannot be said that response of every and any human being would be similar on such occasions...........
Indian Penal Code, 1860, Section 376 -- Rape - Accused made prosecutrix to lie on the ground with a jolt, as a result of which she sustained injuries on her hands, back, head and other places of the body - However, broken bangles, torn blouse and blood stained apparel of prosecutrix not recovered from the scene of occurrence - I.O. deposing that neither he saw any torn..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), Criminal Procedure Code, 1973, Section 100 -- Recovery of 9.440 grams heroin - Recovery effected in pursuance of prior information - Investigator went to scene of occurrence without any witness - Efforts made to join independent witnesses but they refused - No action taken against persons who..........
Criminal Procedure Code, 1973, Section 227 -- Discharge of accused - Criminal case u/s 147, 450, 382, 307, 357, 506, 149, 109 of IPC - Earlier to the registration of criminal case, dowry complaint filed by complainant in which two accused were arrested - Thus they were not present at the scene of occurrence for which police case registered - One of the accused not named in..........
Criminal Procedure Code, 1973, Section 154 -- FIR - It is not necessary that the name of every individual present at the scene of occurrence is required to be stated in the first information report...........
Chance witness -- Presence at the scene of occurrence - PW3 a tailor in the adjoining shop - Place of occurrence a small village as such presence of PW2 at the place of occurrence cannot be doubted or disputed...........
Indian Penal Code, 1860, Section 148, 149, 201, 302, Arms Act, 1959, Section 27 -- Murder - Gun shot injuries - FIR lodged promptly ruling out possibility of concoctions, false witnesses or false implication of accused - Statement of complainant, father of deceased duly corroborated by eye witnesses, sister of deceased and by medical evidence - Witnesses though related but..........
